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Author: Rene Uruena
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The future is drying out. And yet, the role of law in the governance of water resources seems to be spared of critical scrutiny. At the heart of the matter is our conception of water. Water is now a matter of global concern regulated through what is called here 'Global Water Governance' (GWG). GWG frames water as an environmental problem, as an international economic law and as a human rights matter-trapping thus the issue in maelstrom of legal fragmentation. This fragmented ambivalence has created a sense of anxiety. The default prescription is coherence. Against this approach, this paper argues that anxiety should be put to rest, for fragmentation of water law is a creative force, where we may find answers that traditional water law has failed to provide. Rather, it is concluded, emphasis should be made on the mechanisms that enhance transparency and accountability in global water governance.
Author: Rene Uruena
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The future is drying out. And yet, the role of law in the governance of water resources seems to be spared of critical scrutiny. At the heart of the matter is our conception of water. Water is now a matter of global concern regulated through what is called here 'Global Water Governance' (GWG). GWG frames water as an environmental problem, as an international economic law and as a human rights matter-trapping thus the issue in maelstrom of legal fragmentation. This fragmented ambivalence has created a sense of anxiety. The default prescription is coherence. Against this approach, this paper argues that anxiety should be put to rest, for fragmentation of water law is a creative force, where we may find answers that traditional water law has failed to provide. Rather, it is concluded, emphasis should be made on the mechanisms that enhance transparency and accountability in global water governance.
Author: Aline Baillat
Publisher: IWA Publishing
ISBN: 1843393611
Category : Science
Languages : en
Pages : 261
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Book Description
International Trade in Water Rights provides a new approach to the questions raised by international water transfer projects: To whom does water belong? More precisely, what rules should govern international water transfers from transboundary watercourses? These issues are usually studied through the lenses of international trade law. International Trade in Water Rights offers a new approach by highlighting the fundamental issue of domestic and international water property regime and introducing the difference between trade in water and trade in water rights. International Trade in Water Rights analyses the conditions under which market-based instruments could participate in the resolution of water disputes over international watercourses and recommendations are made based on the study of two cases of inter-state water trading in the Colorado River Basin and in the Murray Darling Basin. It is argued that the recognition of water as an economic good in domestic water reform will increasingly impact the management of international watercourses. The book is of key interest to water professionals, economists, lawyers, and political scientists dealing with transboundary disputes over water.
Author: Piotr Szwedo
Publisher: BRILL
ISBN: 9004382895
Category : Law
Languages : en
Pages : 402
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Book Description
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.
Author: Julien Chaisse
Publisher: Cambridge University Press
ISBN: 1107162866
Category : Law
Languages : en
Pages : 445
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Book Description
Fragmentation in Water Policies in the Riparian ASEAN Member States
Author: Fitzgerald Temmerman
Publisher: Edward Elgar Publishing
ISBN: 178536913X
Category : Law
Languages : en
Pages : 271
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Book Description
It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.
Author: Richard H. Steinberg
Publisher: Rowman & Littlefield
ISBN: 9780742510463
Category : Law
Languages : en
Pages : 340
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Book Description
In this first book to systematically compare how each of the world's major international trade organizations have handled environmental issues, leading specialists provide a balanced analysis of the development of trade and the environment rules in the World Trade Organization, the European Union, the North American Free Trade Agreement, the Free Trade Area of the Americas, the Asia Pacific Economic Cooperation forum, the International Organization for Standardization, and other key organizations. Deftly combining policy and theory, the authors offer a range of heuristics and normative orientations in an effort to understand one of the globe's most contentious and timely dilemmas. Visit our website for sample chapters!
Author: Julien Chaisse
Publisher: Edward Elgar Publishing
ISBN: 1785366726
Category : Law
Languages : en
Pages : 443
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Book Description
This book is about the issues, challenges and directions currently faced by water as a key resource for mankind. The book aims at providing a finer understanding of the water regulatory future. The contributions in this book are grouped around specific themes. In Part I, the contributions address the water challenge to public international law. In Part II, the authors explore the most pressing ethical, legal, and social issues. In Part III, the discussion covers the economic drivers shaping the future of water.
Author: Xu Qian
Publisher: Kluwer Law International B.V.
ISBN: 9403522054
Category : Law
Languages : en
Pages : 396
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Book Description
Water Services Disputes in International Arbitration Reconsidering the Nexus of Investment Protection, Environment, and Human Rights by Xu Qian The argument that universal access to water is a human right is based on the fact that life on Earth cannot exist without water. Yet the enormous cost of building and maintaining water service infrastructure, purifying, monitoring quality, and providing sanitation services is beyond the means of many of the States most in need. Foreign investment is thus mandated—hence the often acrimonious tension manifest in investor-State disputes over water rights. This book offers the first in-depth analysis of both international treaty norms and their interpretation by arbitral tribunals applicable to investment in water and sanitation services, complete with thoroughly researched recommendations for those arbitral practitioners in the eye of the storm. Like no previous study the book clearly reveals how to reconcile the economic and fundamental human interests arising from investment in water and sanitation services under the international investment regime. Among many vital issues, the author highlights the importance of the following: legitimacy of a State’s alleged regulatory objectives, the suitability of the measures undertaken to achieve the objective, and whether there are less restrictive means available; legal framework and stability of the State; applicable law, changes in law, and emergency circumstances; economic issues such as water pricing; profit-driven private companies’ reluctance to serve the poor; investment tribunals’ generation of a “regulatory and jurisprudential regime” on water and sanitation services; and determination of liability in relation to expropriation, fair and equitable treatment, and necessity. Arguing that the current investment treaty and arbitral case law framework can regulate water and sanitation services if certain interpretations are favored by adjudicators, the author offers viable, sustainable, and reasonable legal solutions. A detailed annex presents cases decided before a variety of arbitral tribunals, as well as relevant WTO and ICJ cases, and reviews critical literature in the field. The increasing number of cases involved with States’ regulatory measures shows that stakes around water services generate specific legal problems which are new in the world of international economic law. As an incisive investigation of what has been called the “incursion of investment tribunal decisions into the regulatory autonomy of host States,” this profound and innovative analysis provides a coherent and consistent method of review that provides greater certainty to both States and investors and deters abuse of power. It will be welcomed by policymakers and stakeholders interested in the implications of “globalization” of water services for the capacity to adapt to climate change and will suggest ways to enable States to better manage vital water services, even after privatization to foreign companies.
Author: Jennifer Cahlia Gerbasi
Publisher:
ISBN:
Category :
Languages : en
Pages : 358
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Book Description
Author: Suwit Kongkiatkamon
Publisher:
ISBN:
Category : Foreign trade regulation
Languages : en
Pages : 70
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Book Description
